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MATTER OF HECK v. MELVILLE FIRE DEPARTMENT CO

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 1963
19 A.D.2d 933 (N.Y. App. Div. 1963)

Opinion

November 21, 1963


Appeal from a decision and award of the Workmen's Compensation Board. All the substantial medical evidence in the record is to the effect claimant should have an operation for the correction of the effect of an accident and that there is strong and reasonable probability the operation will be successful. The board in these circumstances is not warranted in continuing compensation on the stated ground that "claimant is not unreasonable in refusing surgery" ( Matter of Peasley v. Wendling Iron Works, 277 App. Div. 622; Matter of Tillow v. Daystrom Corp., 273 App. Div. 1045; Matter of Wasyluk v. Webb Knapp, 12 A.D.2d 555). Award reversed and claim remitted to the Workmen's Compensation Board for further proceedings, with costs to the appellants against the Workmen's Compensation Board. Bergan, P.J., Herlihy, Reynolds and Taylor, JJ., concur.


Summaries of

MATTER OF HECK v. MELVILLE FIRE DEPARTMENT CO

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 1963
19 A.D.2d 933 (N.Y. App. Div. 1963)
Case details for

MATTER OF HECK v. MELVILLE FIRE DEPARTMENT CO

Case Details

Full title:In the Matter of the Claim of WILLIAM A.R. HECK, Respondent, v. MELVILLE…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 21, 1963

Citations

19 A.D.2d 933 (N.Y. App. Div. 1963)

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